ISMA ALAM Vs. SRI IRSHAD ALAM

JUDGEMENT

(1.) THE present appeal purporting to be under Section 19 of the Family Courts Act, 1984 (hereinafter referred to as the Act of 1984) has been filed against the order dated 04.12.2010 passed by the learned Principal Judge, Family Court, Kanpur Nagar (hereinafter referred to as the Judge) on two applications Paper No. 8 Ga and 33 Ga filed by the opposite party seeking interim custody of Master Irish Irshad Alam. The learned Judge had allowed both the applications and had directed that interim custody of Master Irish Irshad Alam be given to the opposite party herein after taking custody of the child by issuing of arrest warrant.

(2.) FROM the impugned order, it appears that a dispute is going on between the Appellant and the opposite party before the Judge in respect of custody of the minor child Master Irish Irshad Alam. The opposite party had filed an application under Section 25 of the Guardians and Wards Act. 1890 (hereinafter referred to as the Act) seeking custody of his minor son Master Irish Irshad Alam on various grounds. The aforesaid application has been registered as Case No. 50/70/2009. Along with the said application, the opposite party also filed an application purporting to be under Section 12 of the Act praying that a direction be issued to the Appellant herein to produce the minor child Master Irish Irshad Alam before the Court so that he may meet his son. The application was accompanied by his affidavit. The said application was numbered as Paper No. 8 Ga.

(3.) THEREAFTER , the opposite party herein filed an application dated 27.11.2010 seeking interim custody of the minor child under Section 26 of the Act. This application was numbered as 33 Ga.